The
Ninth Circuit of Appeals ruled on July 20 that agents of the federal
government may use a cellphone as a microphone and record the
conversations overheard even when the phone itself is not being used
otherwise.

For
a bit of background, Oliva was convicted by a jury of drug-related
crimes involving the distribution of methamphetmaine, cocaine, and
marijuana. He appealed a decision by a district court denying his motion
to suppress evidence obtained from a series of electronic surveillance
orders authorizing interception of communications over cellular phones
associated with him and his alleged co-conspirators.

Oliva
argued that the orders authorizing these wiretaps were not standard
intercept orders and did not meet the “specificity” requirement of the
applicable federal law.

In
its decision, the Ninth Circuit has upheld the lower court’s ruling,
essentially allowing the federal government to convert cellphones into
“roving bugs” so long as the government makes it clear that it will be
using the target’s cellphone in that manner. Notice, the Ninth Circuit —
a court created under the authority granted to Congress in Article III
of the Constitution — did not throw out the matter as a violation of the
defendant’s Fourth Amendment right against “unreasonable searches and
seizures.” Instead, it simply informed the government that it needs to
get permission before doing so.